§ 48:388.1 — Class II and III Rail Infrastructure Improvement Program

Louisiana § 48:388.1

• Jurisdiction: Louisiana
• Title 48: Roads, Bridges and Ferries

Text

§388.1. Class II and III Rail Infrastructure Improvement Program
A.(1) The Class II and III Rail Infrastructure Improvement Program is hereby created
within the department.
(2) The program shall be made available to Class II and III railroads for rail
improvement needs to maintain efficient rail service on the rail network and to implement
recommendations in the Louisiana Freight Mobility Plan and State Rail Plan. Eligible
projects include but are not limited to:
(a) Track, equipment, signaling, and right-of-way acquisition and preservation.
(b) Rail line relocation and improvement.
(c) Multimodal connector enhancements and supporting facilities.
(d) Highway-rail grade crossing and associated equipment improvements.
(e) Planning, engineering, and design for selected projects.
(3) Funding through the grant program shall be subject to, but not limited to the
following criteria:
(a) The availability of funds.
(b) A comparative needs analysis of requested projects as determined by the
department.
(c) Demonstrable public benefits to be achieved by the project.
(d) A minimum fifty percent match provided from sources other than the
Transportation Trust Fund.
B.(1) Transportation Trust Fund money may be used for the administrative expenses
to promulgate rules and regulations to implement the program. Transportation Trust Fund
monies including the monies deposited into the Construction Subfund shall not be
appropriated for a project approved in this program, provided that other state or federal
revenue may be utilized and appropriated for projects approved in this program.
(2) The department is authorized to compete for, receive, accept, administer, and
manage federal and other funds in furtherance of this program.
C. Repealed by Acts 2019, No. 222, §2.
D. The department shall, in accordance with the Administrative Procedure Act,
promulgate rules and regulations to implement this Section, which shall include, but not
necessarily be limited to, the following:
(1) Project submission.
(2) Project evaluation and selection.
(3) Program administration.
(4) Distribution of funds.
E.(1) Prior to the convening of each regular session of the legislature, beginning with
the 2020 Regular Session, the department shall prepare and shall submit a priority list of
projects requesting state funds for the ensuing fiscal year to the Joint Committee on
Transportation, Highways and Public Works which shall hold a public hearing for the
purpose of reviewing the priority list of projects for the coming fiscal year. Subsequent to
the joint committee hearing and prior to the convening of the regular session, the department
shall prepare the final program for the coming fiscal year for submission to the joint
committee. When this final program, as approved by the joint committee, is presented to the
legislature for funding for the coming fiscal year, the legislature shall not add any projects
to this final construction program except as provided in Paragraph (2) of this Subsection.
(2) If the governing authority of a parish, or of any local unit of government, or a
railroad obtains ninety percent or more funding for a railroad project from federal sources
or from sources other than state funds, the legislature may give priority to funding the
remaining amount necessary for the project, even if the project is not on the priority list of
projects.
(3) If the department has no projects for the Class II or III Rail Infrastructure
Improvement Program, the department shall notify the joint committee and no public hearing
shall be necessary and a final construction program for the ensuing year shall not be
furnished to the joint committee.
(4) Except as provided in Paragraph (3) of this Subsection, each year, beginning with
the fiscal year commencing in 2020, the department shall submit to the joint committee a
final Class II or III Rail Infrastructure Improvement Program to be commenced in the ensuing
fiscal year, which shall be based upon the anticipated revenues to be appropriated by the
legislature, and listed in an order of priority of the projects herein.
(5) The department also shall provide to the joint committee annually a supplemental
list of projects proposed to be commenced within the ensuing four years which are in various
stages of planning and preparation. The supplemental list shall be subject to change by the
department until the department finally approves each project for construction.

Legislative History

Acts 1997, No. 1170, §1; Acts 2019, No. 222, §§1, 2.